{"id":25502,"date":"2023-03-14T17:00:23","date_gmt":"2023-03-14T16:00:23","guid":{"rendered":"https:\/\/www.bacciardipartners.it\/?p=25502"},"modified":"2023-04-04T20:47:02","modified_gmt":"2023-04-04T18:47:02","slug":"retaliatory-dismissal-and-discriminatory-dismissal-their-proof-in-the-italian-procedure","status":"publish","type":"post","link":"https:\/\/mail.bacciardipartners.it\/en\/retaliatory-dismissal-and-discriminatory-dismissal-their-proof-in-the-italian-procedure\/","title":{"rendered":"RETALIATORY DISMISSAL AND DISCRIMINATORY DISMISSAL: their proof in the Italian procedure"},"content":{"rendered":"

By the of counsel Michele Sacchi<\/a> – Employment Law<\/a> Area<\/p>\n

Download the article in printable version<\/a><\/p>\n

\"Licenziamento<\/p>\n

Retaliatory and discriminatory dismissal, being null and void measures, entail the reinstatement of the employee. However, the cases are different and have different procedural treatment.<\/p>\n

The retaliatory dismissal<\/strong> is caused solely by the employer’s retaliatory intent. It is therefore a reaction not supported by any objective or subjective motivation, responding to a legitimate conduct of the employee. The classic example is the dismissal due to the fact that the employee has took part to a strike or to a specific trade union. The concrete hypotheses can be various, which is why the law does not provide an exhaustive list of retaliatory dismissals.<\/p>\n

The discriminatory dismissal<\/strong> occurs in cases strictly listed by law, as a result of an unjustified difference in treatment due to the employer’s undue assessment of certain characteristics or qualities of the employee. This is the case of dismissals imposed for pregnancy; for belonging to a political, racial, religious or linguistic category; for reasons related to sex or sexual orientation; for disability issues; for the employee’s age; and, finally, for the employee’s personal convictions.<\/p>\n

The most important difference, in each case, is procedural:<\/p>\n